Crosett v. Whelan

Citations

• 44 Cal. 200
• 1872 Cal. LEXIS 181

Syllabus

<p>Order oe Introducing Evidence.—A party is at liberty to introduce his evidence in whatever order he prefers, subject to the control of the Oourt, in the exercise of a sound discretion.</p> <p>Idem—Discretion oe Court.—In an action upon a promissory note, where the defendants, being guarantors, set up an agreement with the maker, under which they indorsed the note upon a certain condition which was afterwards violated, and on the trial offered evidence in support of the agreement, against objections by the plaintiff that the testimony was irrelevant until after it had been shown either that the plaintiff took the note with notice or acquired it after maturity, the Court deciding that the defendants might introduce their evidence in whatever order they preferred, subject to he ruled out afterwards unless its relevancy could be shown, there was no abuse of the discretion of the Court.</p> <p>Errors to be Specified —Errors not specified in the statement will not be considered on appeal.</p> <p>Evidence to Justify Verdict.—Where the verdict is a general one, and there is sufficient evidence to justify the verdict on one of the issues, the verdict will not be set aside.</p>